Gay-rights ordinance reborn, unanimously approved by city commission

John A. Lacko | Special to the Kalamazoo GazetteCindy Hunter, of Kalamazoo, left, watches as Terry Kuseske, also of Kalamazoo, center, embraces Hunter's spouse, Amy Hunter, after the Kalamazoo City Commission Monday approved an anti-discrimination ordinance for gays, lesbians and transgender people.

KALAMAZOO -- A unanimous Kalamazoo City Commission vote Monday to expand legal protections for gays, lesbians and transgender people did not settle the issue.

Opponents organized as the Kalamazoo Citizens Voting No to Special Rights Discrimination announced they would begin circulating petitions today seeking a November referendum on the City Commission's second attempt to outlaw employment, housing and public-accommodation discrimination based on sexual orientation.

If the group is successful in collecting at least 1,274 signatures on petitions opposing the new ordinance, the 10-page measure would be law for less than a month.

Under the Kalamazoo City Charter, petitions challenging a commission decision must be filed within 20 days of the law's effective date to either force the commission to rescind its decision or send the issue to a general-election ballot. City Clerk Scott Borling said the new ordinance becomes effective July 9.

Borling said July 29 is the deadline for filing petitions to challenge the ordinance.
If petitioners meet the deadline and Borling certifies they have sufficient signatures, Monday night's action would be suspended.

Then the commission would have to decide at the next meeting after Borling certified the petitions whether to rescind the ordinance or authorize a ballot question.

The deadline is Aug. 25 for submitting issues to appear on the November ballot.
Monday marked the second time in six months the City Commission unanimously approved a measure that would make it a city infraction -- punishable by up to a $500 fine -- to discriminate against people because of their sexual preferences or gender identification in housing, employment or access to public accommodations.

A similar measure, originally proposed by the Kalamazoo Alliance for Equality, was adopted in December after little public opposition. But critics, aided by the American Family Association of Michigan, gathered more than 1,400 signatures in the 20 days after the measure's adoption, forcing the commission to revisit the issue.

The commission decided in January to rescind the original ordinance, and a three-member committee was named to gather public responses and to craft a compromise measure to bring back to the commission.

Nearly two hours of comments Monday preceded the commission's unanimous vote. The mix of comments from Monday's capacity audience mirrored the conversation at several sessions of the special committee before the introduction of the latest ordinance.

Charles Ybema, a spokesman for Kalamazoo Citizens Voting No to Special Rights Discrimination, said the ordinance lays the groundwork for "reverse discrimination" and "suppressing information."

"Job openings or available housing are not going to be advertised," Ybema said. "This entrenches the 'Who do you know?' phenomena. There are concerns about the rights of freedom of speech and religion. ... There are still public-restroom issues."

American Civil Liberties Union activist and Kalamazoo attorney James Rodbard said added protections for gays and lesbians are "good for business" and show the city is a place where employees are "supported and protected."

"If this does get put to a (referendum) vote, I can assure you this community will have your back and will vote to support it," Rodbard said.

Several gay and lesbian Western Michigan University students said the ordinance augments campus anti-discrimination and inclusion statements.

"I don't want to think that something I can't control will keep me from getting a job," said Alexis Everson, a WMU art student.

Kalamazoo County Treasurer Mary Balkema, who said she was speaking Monday night as a private citizen, called for city voters to have the final word.

"It is clear that a compromise was not to be had," Balkema, a former city commissioner, told the commission. "We want to vote on this issue. This (ordinance) does not reflect my views or the views of many others."

"I have friends on both sides of this issue," McKinney said. "KALAMAZOO -- A unanimous Kalamazoo City Commission vote Monday to expand legal protections for gays, lesbians and transgender people did not settle the issue.For an issue where people are so divided by their values, it felt much more respectful than many of the debates we've heard."